hello My name is andy.i fired the contractor over 120 days ago for breech of contract and not following building codes. he just sent me the california 20 day notice for use on privte project for the full amount of the project that was not complete. i paid him some money but not all. after he was gone i ordered a building inspector who failed everything the contractor did. can he still put a lien on my home? is he outside of the time frame. he accepted being fired via e mail on 10/16/2020
In California, a 20 day preliminary notice must be served on the owner, prime contractor, and lender (if any) within 20 days of first providing materials or labor. Considering you are stating that the contractor was fired 120 days ago, the contractor's preliminary notice is late and invalid. However, California law also states that a tardy preliminary notice is allowed if work was done in the preceding first 20 days of work. In addition, the mechanics lien must have been filed within 90 days after the contractor completed their work as a whole. Considering the preliminary notice was late and the mechanics lien was not filed within the deadline, the lien is likely invalid.